Witt v. Marcum Drilling Company

NOBLE, Justice.

Plaintiff (appellant) while an employee of defendants (appellees) sustained an injury resulting in the amputation of his left arm below the elbow. This appeal is from a judgment denying workmen’s compensation benefits.

The trial court made only two findings of fact; one found the extent of the injury and the second that:

“The injury to the plaintiff did not arise out of his work, but did occur at a time which [sic] he was using a machine tool in violation of and contrary to instructions given him by his supervisor.”

Violation of specific instructions which limit the scope or…